Assignment of Contract The purpose of this master's thesis is to analyze the assignability of contracts under Czech law in the light of comparative, historical and theoretical aspects of this phenomenon. Relevance of this subject matter was recently highlighted by adoption of the new Czech Civil Code, which expressly authorizes this operation but leaves important issues open to interpretation. The thesis is composed of an introduction, two main parts and a conclusion. First two chapters of the first part deal with historical development of this legal concept. In the roman law, a contractual obligation was conceived as a "bond of law" (iuris vinculum), which implied a strictly personal nature of this relationship. However, this view started to change as soon as the roman economy shifted from agriculture towards trade and business, resulting in assignability of a contractual right. In the codification era of the 19th century, the concept of a delegation of contractual duty came in, establishing a theoretical foundation for the assignment of contract as such. The third chapter moves our attention to the modern times, focusing primarily on the assignement of contract in various European countries, United States and Japan. The emphasis is put on the theoretical discussions this legal concept has seen in...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:334423 |
| Date | January 2015 |
| Creators | Zach, Tomáš |
| Contributors | Elischer, David, Dvořák, Jan |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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